Legal Question in Real Estate Law in India
General Queries - Apartment / Flat - Common Area.
Dear Sir
I am a flat / apartment owner of residential complex in mylapore.
As per the approved plan of CMDA , we have been provided with a play area or garden or so called empty space in the front side of the apartment. For the last about 15 years , this was remaining intact.
The association is not a registered body in the state and is being managed with mutual agreeement of the resident till date.
Now, the apartment is having space constrain to park the cars inside the building.
As such , now our association intends to encroach the children play area or park or garden or so called free space for required extent.
Few of the resident including me is opposing this plan and we are with the arguement that this area should be retained as such ; by showing or marketing this facility only the builders sold the flats in the year 1993 - 94 to the residents.
Moreover as per the approved plan , there is no fixed or allocated car parking for the resident.
Under this circumstances, we seek your guidance and help ; By quoting of the act & rights of the resident please reply back to me.
Still if the association go ahead with the encroachment of the park , are we allowed to write to CMDA and other appropriate auth
2 Answers from Attorneys
Re: General Queries - Apartment / Flat - Common Area.
You may want to pursue your remedies in the local courts; it may be better to engage an Advocate who may be well versed with the local laws of your State.
Re: General Queries - Apartment / Flat - Common Area.
Check the Rules of planning authority with act governing such planning authority on the user permissible for the area. Generally, in open space of a layout users like play ground, garden and like activities are permitted and same can not be used as parking place.
Upon confirming above, you may approach court for an appropriate declaration and injunction.
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